HAWKINS v. CITY OF NEW YORK


99 A.D.2d 481 (1984)

Laverne Hawkins, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 9, 1984


Judgment reversed, on the law, with costs, and new trial granted limited to the issue of damages only. The findings of fact on the issue of liability and its apportionment are affirmed.

The instant action was commenced by plaintiff to recover damages for injuries suffered when she tripped in a sidewalk hole on December 24, 1977. In charging the jury on the issue of damages the court correctly advised the jury that the burden of proving damages was on the plaintiff...

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